Dear Friends of Wireless Messaging,

New bill aims to curb US government backdoor spying

by Steve Dent
engadget

While the FBI thinks that all communication tools in the US should have backdoors for law enforcement, a new Senate bill has proposed the exact opposite. The Secure Data Act, introduced by Senator Ron Wyden, would prohibit government from forcing companies like Google and Apple to grant access to encrypted data. A different bill to curb the NSA and other agencies (the USA Freedom Act) was denuded by the House of Representatives, while a recent vote allowed the Feds to carry on with massive surveillance. However, the Secure Data Act would specifically bar US agencies from forcing private companies to "design or alter their commercial information technology products for the purpose of facilitating government surveillance."

Wyden's bill cites some familiar problems with backdoors that emerged with the mass of documents revealed by Edward Snowden. The main point is that such measures have the effect of weakening security overall. For instance, it cites a backdoor placed by law enforcement in Greece to monitor cellphone calls, that was later exploited by third parties to listen in on government officials. It also contends that such security exploits hurt innovation, since companies have no incentive to create new security tech if they're forced to deliberately open holes. Finally, it cited the loss of trust by the public, both stateside and abroad, in US products and services.

In light of recent revelations like the NSA's AURORAGOLD, Apple, Google and others recently started encrypting mobile phone data by default. That prompted a strong reaction from FBI director James Comey, who said that law enforcement can't keep up with the latest communication tech and apps (though he couldn't cite any cases where encryption thwarted law enforcement). In any case, members of Congress from both parties said they'd never pass a bill giving the FBI unfettered access to encrypted data.

Such security exploits hurt innovation, since companies have no incentive to create new security tech if they're forced to deliberately open holes.

The bill makes an exception for products and services already covered by the Communications Assistance for Law Enforcement Act (CALEA), and builds on a bipartisan effort to limit NSA backdoor spying. It sounds well and good, but whether it'll survive the House and Senate is another story — the US Freedom Act is still cooling its heels in the Senate.

Source: engadget

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There is no charge for subscription and there are no membership restrictions. Readers are a very select group of wireless industry professionals, and include the senior managers of many of the world's major Paging and Wireless Messaging companies. There is an even mix of operations managers, marketing people, and engineers — so I try to include items of interest to all three groups. It's all about staying up-to-date with business trends and technology.

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Judge: Give NSA unlimited access to digital data

Grant Gross
@GrantGross Dec 4, 2014 1:46 PM

The U.S. National Security Agency should have an unlimited ability to collect digital information in the name of protecting the country against terrorism and other threats, an influential federal judge said during a debate on privacy.

“I think privacy is actually overvalued,” Judge Richard Posner, of the U.S. Court of Appeals for the Seventh Circuit, said during a conference about privacy and cybercrime in Washington, D.C., Thursday.

“Much of what passes for the name of privacy is really just trying to conceal the disreputable parts of your conduct,” Posner added. “Privacy is mainly about trying to improve your social and business opportunities by concealing the sorts of bad activities that would cause other people not to want to deal with you.”

Congress should limit the NSA’s use of the data it collects—for example, not giving information about minor crimes to law enforcement agencies—but it shouldn’t limit what information the NSA sweeps up and searches, Posner said. “If the NSA wants to vacuum all the trillions of bits of information that are crawling through the electronic worldwide networks, I think that’s fine,” he said.

In the name of national security, U.S. lawmakers should give the NSA “carte blanche,” Posner added. “Privacy interests should really have very little weight when you’re talking about national security,” he said. “The world is in an extremely turbulent state—very dangerous.”

Posner criticized mobile OS companies for enabling end-to-end encryption in their newest software. “I’m shocked at the thought that a company would be permitted to manufacture an electronic product that the government would not be able to search,” he said.

Other speakers at Thursday’s event, including Judge Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit, disagreed with Posner, saying legal limits on government surveillance are necessary. With much of U.S. privacy law based on a reasonable expectation of privacy, it’s difficult, however, to define what that means when people are voluntarily sharing all kinds of personal information online, she said.

An expectation of privacy is a foundational part of democracies, said Michael Dreeben, deputy solicitor general in the U.S. Department of Justice. Although Dreeben has argued in favor of law enforcement surveillance techniques in a handful of cases before the U.S. Supreme Court, he argued courts should take an active role in protecting personal privacy.

“A certain degree of privacy is perhaps a precondition for freedom, political freedom, artistic freedom, personal autonomy,” he said. “It’s kind of baked into the nature of the democratic system.”

David Cole, a professor at the Georgetown University Law Center, called for a change in the U.S. law that gives email stored for six months less legal protection than newer messages. The ability of law enforcement agencies to gain access to stored email without a warrant makes no sense when many email users never delete messages.

U.S. courts or Congress also need to reexamine current law that allows law enforcement agencies to gain access, without a warrant, to digital information shared with a third party, given the amount of digital information people share with online services, he said.

Some recent court cases, including the Supreme Court’s 2014 Riley v. California ruling limiting law enforcement searches of mobile phones, have moved privacy law in the right direction, he said.

Posner questioned why smartphone users need legal protections, saying he doesn’t understand what information on smartphones should be shielded from government searches. “If someone drained my cell phone, they would find a picture of my cat, some phone numbers, some email addresses, some email text,” he said. “What’s the big deal?

“Other people must have really exciting stuff,” Posner added. “Do they narrate their adulteries, or something like that?”

Smartphones can contain all kinds of information that people don’t want to share, including medical information, visits to abortion doctors and schedules for Alcoholics Anonymous meetings, Cole said. “Your original question, ‘what’s the value of privacy unless you’ve got something to hide?’ that’s a very short-sighted way of thinking about the value of privacy,” he said.

In the 1960s and ‘70s, government agencies investigated political figures, in some cases, bugging hotel rooms in search of evidence of affairs, Cole noted. Government misuse of surveillance information is still a risk, he said, and smartphones could be a treasure trove of information.

The U.S. and other governments have a long history of targeting people “who they are concerned about because they have political views and political positions that the government doesn’t approve of,” Cole said.

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Bluetooth 4.2 aims to shield your smartphone from prying beacons

IMAGE: MASHABLE COMPOSITE. GETTY CREATIVE

By Pete Pachal

December 3, 2014

Bluetooth is getting a big upgrade. The organization in charge of the spec just announced Bluetooth 4.2, which brings more features: faster connections, more privacy controls and better Internet connectivity.

We take Bluetooth for granted these days — the tech is present in virtually every device that connects wirelessly. That ubiquity has occasionally been a vulnerability, however, and the term "bluesnarfing," the act of covertly accessing a phone or other device via an unused Bluetooth connection, is well-known in the security community.

The rise of beacons — usually used by retailers to connect with customers' phones within stores to push relevant alerts — presents a new issue: How can a user ensure they see only the alerts they want to see? Bluetooth 4.2 promises to deal with this exact issue, making it much more difficult to track a user through beacons if they haven't specifically opted in.

At the same time, the new spec improves connections with Bluetooth Smart (aka Bluetooth LE or Low Energy) devices like sensors and fitness trackers. Under Bluetooth 4.2, data transfer will be up to 2.5x faster than before Under Bluetooth 4.2, data transfer will be up to 2.5x faster than before, meaning the devices don't have to work as hard, and those long-lasting batteries can keep on ticking even longer.

Finally, the new spec adds support for the newer IPv6 protocol, meaning Bluetooth 4.2 devices will have an easier time connecting directly to the Internet — specifically, the Internet Protocol Support Profile (IPSP) via IPv6/6LoWPAN. That's great news for smart home-type sensors, since the spec will enable users to access and manage them directly from the Internet.

You shouldn't have to wait too long to start enjoying the benefits of Bluetooth 4.2. Bluetooth 4.1 devices should be updatable to include the privacy controls in the new spec, although it's up to manufacturers to issue the firmware updates. The first of those should start to roll out in a month or two.

The speed and IPv6 upgrades require hardware build specifically to the Bluetooth 4.2 spec.

Correction: Upgrading to Bluetooth 4.2 isn't a mere software update. Although the privacy controls in Bluetooth 4.2 can be added to older devices via software, the speed and IPv6 features will need new hardware.

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Symantec Uncovers Sophisticated, Stealthy Computer Spying Tool

November 23, 2014, 9:00 AM PST By Arik Hesseldahl

Computer security researchers at Symantec say they have discovered a sophisticated piece of malware circulating the world that appears to be used for spying at Internet service and telecommunications companies, and was likely created by a government agency. And while its origin is unclear, a short list of capable countries would include the U.S., Israel and China.

The research, published today, comes from the same team at Symantec that four years ago helped discover and ferret out the capabilities of Stuxnet, the world’s first digital weapon. It is believed to have been created by the combined efforts of the U.S. and Israel and used to sabotage the Iranian nuclear research program.

The team has dubbed this newly found Trojan “Regin” according to a Symantec blog post, and they are describing it as a “complex piece of malware whose structure displays a degree of technical competence rarely seen.” They say the tool has an “extensive range of capabilities” that provides the people controlling it with “a powerful framework for mass surveillance.”

The researchers said Regin has been used in what appears to be an ongoing spying operation that started in 2008, stopped suddenly in 2011, and then resumed in 2013.

The campaign was carried out against government organizations, businesses, researchers and private individuals. About 100 Regin infections have been detected, the researchers said, with most — a combined 52 percent — in Russia and Saudi Arabia. The remainder have occurred in Mexico, Ireland, India, Afghanistan, Iran, Belgium, Austria and Pakistan. No infections have yet been detected in the U.S. or China.

Symantec was first made aware of Regin after customers discovered parts of it and sent the code for analysis. “We realized there was more to what was sent us than was readily apparent and went back to investigate further,” said Liam O’Murchu, one of the researchers. Symantec security software can now detect it, he said.

The quality of Regin’s design and the investment required to create it is such that it was almost certainly made by a nation-state, said O’Murchu. But asked to speculate which nation-state, he demurred. “The best clues we have are where the infections have occurred and where they have not,” he said in an interview with Re/code. “We know it was a government that is technically advanced. … This has been a huge spying campaign dating back at least to 2008 and maybe even as early as 2006.”

It doesn’t take much of a leap to wonder out loud if the U.S. National Security Agency or the Central Intelligence Agency, perhaps working with Israel, might be the source, especially given the list of countries targeted. However, there are other possible sources, including China.

There is still a lot about Regin that’s not known. (And for more technical detail on what is known, there’s a 21-page white paper here.) There are pieces of it, O’Murchu said, that haven’t yet been found and examined. But here’s what is understood so far:

Regin attacks systems running Microsoft Windows. It attacks in stages and requires five pieces. Only the first stage is detectable — it opens the door for the subsequent stages, each of which decrypts and executes the following stage. In this way it’s similar to Stuxnet and its sibling Trojan, Duqu, which was designed to gather intelligence on a target by stealing massive amounts of data.

Nearly half of all Regin infections occurred at Internet service providers, the targets being the customers of those companies. Other companies attacked included telecom providers, hospitality companies, energy companies, airlines and research organizations.

How the malware spreads is also a mystery. In one case — but only one — the infection was carried out by way of Yahoo Instant Messenger. In other cases, Symantec believes victims were tricked into visiting spoofed versions of well-known websites. “Other than that one example, we have no firm information on how it has been distributed,” O’Murchu said.

Once a computer has been compromised, Regin’s controllers can load it up with whatever payload is needed to carry out the spying operation. Said Symantec: “Some custom payloads are very advanced and exhibit a high degree of expertise in specialist sectors,” say, something that’s specifically geared toward spying on an airline or an energy company. This is “further evidence of the level of resources available to Regin’s authors,” the company said.

There are dozens of these payloads. One seen in several cases is a remote access tool, or RAT, which gives an attacker the ability to take control of a computer remotely — copy files from the hard drive, turn on the Web cam, turn on the microphone. RATs are also good for capturing keystrokes, a good way to steal passwords. Some of the more advanced payloads seen on machines compromised by Regin include software to monitor network traffic and a tool to manage mobile phone base stations.

Exceptional effort was made by its creators to prevent Regin and its communications to its handlers from being detected. “Even when its presence is detected, it is very difficult to ascertain what it is doing,” said Symantec.

Several pieces of Regin are still circulating and are as yet undiscovered, O’Murchu said. He hopes that with the publication of Symantec’s findings, more information from other researchers will come to light.

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Verizon is transitioning 3G spectrum to LTE in 10 cities

Kif Leswing Dec. 5, 2014 - 5:42 AM PST

Four years after Verizon launched its first 4G network, the company is starting to cannibalize its existing 3G network to repurpose the spectrum for its third LTE network. According to Mike Haberman, vice president of network operations, Verizon is rolling out LTE on its PCS bands, formerly used for EV-DO, in 10 markets.

“In Manhattan, PCS is up with LTE. It puts us in even a better situation, because you’ve got another 10×10 block out there right now,” Haberman said.

Although Haberman didn’t reveal what other cities will see their PCS bands transition to LTE, the change has already been spotted in Manhattan and Cleveland, Ohio. As usage on Verizon’s EV-DO network decreases because users upgrade to new phones, it’s a foregone conclusion that Verizon will repurpose its spectrum.

“Virtually all our devices now are 4G LTE. We do sell a lot of phones and people tend to upgrade their phones fairly often,”Haberman said. “If you see Apple’s complete lineup, it’s all 4G.”

Of course, Verizon can’t fully shut down its 3G networks yet– not everyone has a new smartphone that supports LTE. But voice over CDMA only needs 2.5MHz of spectrum , so there’s plenty of PCS spectrum that can be reclaimed.

Verizon has committed to support EV-DO until at least December 31, 2019, Haberman said.

Verizon is also currently testing carrier aggregation, an LTE Advanced feature that will allow Verizon to combine the transmissions of its LTE networks together, and Haberman expects devices that support it to make their way to the U.S. next year. (This year, Samsung sold a special version of the Galaxy S5 that supports carrier aggregation in Korea.) AT&T turned on carrier aggregation earlier this year.

Carrier aggregation won’t let Verizon combine all three of its 4G networks into one super-network, at least not yet. But it will allow Verizon to bond a lower capacity system — like the emerging LTE network on PCS — with the high-capacity “XLTE” network it launched last year. That will result much faster peak download speeds for its customers.

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Selected portions of the BloostonLaw Telecom Update, and/or the BloostonLaw Private Users Update — newsletters from the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP are reproduced in this section with the firm's permission.

Headlines

FCC Likely to Issue a Further Rural ILEC USF Order During December

It is expected that the FCC will issue an order during December resolving some of the further rulemaking
proposals set forth in the June 10, 2014 Omnibus USF Order.

It is likely that the FCC will increase the minimum broadband speed associated with universal service funding from 4 Megabits per second (Mbps) downstream to 10 Mbps downstream, while keeping the minimum upstream speed at 1 Mbps. As explained in the Omnibus USF Order, this change will primarily focus upon new deployments of broadband infrastructure, and is not intended to require carriers to upgrade their existing networks to 10/1 Mbps immediately. The standards for “reasonable requests” for broadband service “within a reasonable period of time” will remain in place. That is, carriers will be able to consider whether the incremental costs of the upgrades necessary to serve a particular location are justified by the expected revenues (both customer revenues and universal service support) from the upgraded line. Whereas the FCC is not expected to take a hard line on 10/1 Mbps service for at least several years, it is likely to scrutinize refusals to provide requested 4/1 Mbps much more strictly during that time.

The FCC is also expected to begin enforcing the rules reducing high-cost support to a rural ILEC where an “unsubsidized competitor” overlaps 100 percent of its study area. Initial expectations are that the FCC will look at “100% overlap” situations every two years, and that affected carriers will lose some (but not all) of their support when they are found to be subject to 100% overlap. There is expected to be some type of challenge process where both affected rural ILECs and alleged unsubsidized competitors will have an opportunity to present evidence and argument. It will be important for rural ILECs and their state commissions to make sure that the FCC is using the appropriate and correct boundaries for each rural ILEC study area.

The FCC is also likely to adopt its proposed rules regarding: (a) the High Cost Loop Support (HCLS) mechanism cap; (b) certification that a USF support recipient’s broadband rates are reasonably comparable; and (c) reductions in support for late filings.

In the first instance, the national average cost per loop (NACPL) is expected to be frozen as of the later of December 31, 2014, or the date the new HCLS rule becomes effective. This change is intended to discourage the alleged “race to the top” and to prevent lower cost rural ILECs from losing HCLS entirely when their average cost per loop has not decreased. Henceforth, when the HCLS cap is lower than the total HCLS that would otherwise be available to all eligible rural ILECs, each company will take a “haircut” with respect to the same percentage of its HCLS disbursements for that year in order to bring aggregate disbursements down to the capped amount. An alternative plan — whereby half of the “haircut” would be taken from total dollar support, and the other half from per-line support — has apparently been rejected.

As of the July 1, 2015 filing of the next FCC Form 481 report, high cost support recipients will be required to submit a letter certifying that their broadband rates are “reasonably comparable” to those in urban areas. The proposed rule indicated that such certification would be sufficient if it applied to one plan that meets the reasonable comparability benchmark specified annually by the FCC’s Wireline Competition Bureau in a Public Notice. For at least the initial year or two, the FCC expects to monitor these certifications only and not to take any enforcement actions against eligible telecommunications carriers (ETCs) that cannot make the certification.

The FCC is also expected to adopt a new rule penalizing ETCs a minimum of seven days’ lost support for late filings, and thereafter reducing support on a pro-rata daily basis until the filing is made. The rule may also include a one-time three-day grace period for each entity. The FCC appears to have rejected an alternative proposal to turn late USF filings over to the Enforcement Bureau, which imposes forfeitures of $4,000 (increased by aggravating factors and reduced by extenuating circumstances) for late filings. Whereas the new USF late filing penalties are considerably less that the existing penalties, they are more likely to be enforced than the current penalties which are often waived (albeit after delays of many months). The FCC is not likely to act at this time upon a long-term plan for high-cost broadband support for rate-of-return carriers. Neither the FCC’s goals, nor the Rural Association stand-alone broadband plan, nor the ITTA voluntary incentive regulation plan is expected to be addressed in December. It is also unclear whether the FCC will address at this time its proposal that no new investment after a date certain may be recovered through HCLS and Interstate Common Line Support (ICLS) when such investment occurs in an “area” that is already served by a “qualifying competitor.”

FCC Announces Adoption of NPRM on Technology Transition, Text Forthcoming

The FCC issued a News Release on November 21 announcing the adoption of an NPRM that seeks comment
on proposals to update a variety of rules in light of the ongoing technology transition. At this time, the text of
the NPRM itself has not yet been released.

According to the News Release, the proposals on which comment is sought include:

• A framework to establish reasonable expectations for when providers should bear responsibility for providing a backup power solution for the communications equipment at a customer’s home during a power outage.
• Potential strategies for providing back-up power during lengthy commercial power failures
• Increased transparency, consumer protection, and opportunities for consumer input when carriers are planning to shut down (or “retire”) their existing copper networks.
• Processes to ensure that new services meet the needs of consumers before carriers are allowed to remove legacy services from the marketplace.
• A tentative conclusion that carriers seeking to discontinue a service used as a wholesale input should be required to provide competitive carriers equivalent wholesale access going forward.
• Additional proposals to update the FCC’s rules so that competitive carriers receive sufficient notice of when copper networks are being shut off, so that they can continue to serve their customers effectively.

The FCC also asks for facts and data about whether carriers are “retiring” copper networks without giving notice simply by failing to maintain them, and about allegations that carriers are not being clear with consumers about the options available when the copper network is shut down. The FCC also adopted a Declaratory Ruling clarifying that the circumstances in which a carrier must seek approval to discontinue a service depend upon the practical impact of its actions, not the fine print of an aging tariff filing. This ensures that there will be a public process to evaluate a proposed discontinuance before a choice is removed from the market, regardless of how the carrier has written its tariff.

FCC Adopts 911 Policy Statement, Proposes New 911 Rules

On November 21, the FCC adopted a Policy Statement and NPRM in which it (i) affirmed core principles that guide its approach to ensuring reliable and resilient 911 service and reaffirmed its continuing partnership with state and local authorities; (ii) proposed specific rules designed to address recent multi-state 911 outages; and (iii) proposed additional mechanisms designed to ensure that the 911 governance structure keeps pace with evolving technologies and new reliability challenges.

In the Policy Statement, the FCC reinforced its commitment to working with state and local authorities in updating 911. The FCC also identified two guiding principles that it says should apply to “every entity with a role in 911 call completion … First, any new elements of 911 architecture or service should have the necessary redundancy and reliability safeguards, along with the appropriate governance mechanisms, to maximize reliability and protect public safety. Second, significant changes in 911 service should be coordinated in a transparent manner with the Commission and with state and local authorities.”

In the NPRM section, the FCC made a number of proposals, including:

• Expanding the scope of entities covered by Rule 12.4 (i.e., the definition of “covered 911 service provider”) to include all entities that provide 911, E911, or NG911 capabilities, such as call routing, automatic location information (ALI), automatic number identification (ANI), location information servers (LIS), text-to-911, or the functional equivalent of those capabilities, regardless of whether they provide such capabilities under a direct contractual relationship with a PSAP or emergency authority.
• Requiring notification to the Commission and the public of major changes in any covered 911 service provider’s network architecture or scope of 911 services that are not otherwise covered by existing network change notification requirements.
• Requiring covered 911 service providers that seek to discontinue, reduce, or impair existing 911 service in a way that does not trigger already existing authorization requirements should be required to obtain Commission approval.
• Requiring covered 911 service providers that seek to offer new services that affect 911 call completion to certify to the Commission that they have the technical and operational capability to provide reliable 911 service.
• Assigning the role of 911 network operations center provider for each jurisdiction to the entity responsible for transport of 911 traffic to the PSAP or PSAPs serving that jurisdiction.

Comments will be due 45 days after publication of the NPRM in the Federal Register, and replies will be due another 30 days after that.

FCC Seeks Comment on Revision to Broadcast Contest Rule

On November 21, the FCC issued a Notice of Proposed Rulemaking in which it proposes to amend Section 73.1216 of the rules governing broadcast licensee-conducted contests (“Contest Rule”) by, among other things, allowing licensees to comply with their obligation to disclose material contest terms either by broadcasting the material terms or making such terms available in writing on a publicly accessible Internet website.

The Contest Rule requires a licensee to broadcast the material terms of a contest the first time it informs its audience how to enter or participate, and to repeat such terms a reasonable number of times thereafter. Although, under the rule, licensees are permitted to employ non-broadcast methods for disclosing material contest terms, they may not substitute such methods for the required broadcast disclosure.

In January 2012, Entercom Communications filed the petition requesting that the Commission amend the rule to permit broadcasters to satisfy their obligation to disclose material contest terms providing material terms in written form on a website and upon request by email, in lieu of the currently required broadcasts. Comments will be due 30 days after the NPRM is published in the Federal Register, and reply comments will be due another 30 days after that.

Deadline Set for Broadband Speed, Latency Testing Methodology Comments

On November 20, the FCC’s Public Notice seeking comment on the methodology to be used to measure compliance by high-cost support recipients with their broadband speed and latency performance obligations regarding service to fixed locations was published in the Federal Register. Comments are due December 22.

Regarding broadband speed measurement, the FCC proposed a format similar to the testing process it adopted for latency testing by price cap carriers in 2013. Specifically, broadband speed measurements must be made once per hour during the peak 7:00 PM to 11:00 PM period for four consecutive weeks at a minimum of 50 randomly-selected customer locations within the recipient’s supported service area in a state. At least 95 percent of the observations are required to be at or above the required minimum speed. The FCC also asks whether broadband speed testing should be performed by internal network management system tools, and/or by external measurement tools (such as Speedtest/Ookla or Network Diagnostic Tests by M-Labs). It also lists the Measuring Broadband America (MBA) program as an option.

Regarding latency measurement, the FCC asserts that the latency testing options adopted for price cap carriers “should provide at least one readily achievable method suitable for small, rural carriers.” Clients will recall that the FCC proposed to extend its latency requirement to RoR carriers and to winners of reverse auctions in price cap areas in its June Omnibus USF Order. In the October 16 Public Notice, the FCC notes that rural carriers have expressed concern that they have no control over latency measurements that include middle mile facilities operated by unrelated carriers, but states that it has rejected similar arguments by price cap carriers because: (a) testing only part of a network will not measure the quality of service received by end users; and (b) price cap carriers have a number of options to influence the quality of service they receive from transit and peering providers. The FCC asked whether the same reasoning is applicable to RoR carriers. RoR clients should let us know of instances where RBOCs and other large carriers have been somewhat less than cooperative in responding to requests for improved middle mile and similar facilities.

Finally, the FCC indicated that broadband speed and/or latency audits could be triggered by failures to file the required annual certifications and/or by failures of the test measurements to meet the minimum standards. It also asked whether complaints by customers and/or public watchdog organizations should trigger audits.

FCC Announces Tentative Agenda for December Open Meeting

According to a Public Notice issued on November 20, the following items will tentatively be on the agenda for
the FCC’s December open meeting (scheduled for Thursday, December 11 at 10:30 a.m.):

• A Second Report and Order on Reconsideration to close the school and library connectivity gap by adjusting program rules and support levels in order to meet long-term program goals for high-speed connectivity to and within all eligible schools and libraries.
• A Report and Order finalizing decisions necessary to proceed to Phase II of the Connect America Fund.
• A Public Notice that asks for comment on the detailed procedures necessary to carry out the Broadcast Incentive Auction. The Public Notice includes specific proposals on auction design issues such as determination of the initial clearing target, opening bid prices, and the final television channel
  assignment process.

As always, the meeting will be webcast live at www.fcc.gov/live.

Comment Deadlines Set on Rules for Unlicensed Use of TV Band and 600 MHz Band Spectrum

The FCC’s rulemaking proposal for unlicensed operations in spectrum to be made available by the broadcast “repacking” process has now been published in the Federal Register. In this document, the Commission proposes and seeks comments on rules for unlicensed operations in the frequency bands that are now and will continue to be allocated and assigned to broadcast television services after the incentive auction, including fixed and personal/portable white space devices and unlicensed wireless microphones. The Commission also proposes and seeks comment on rules for the operation of unlicensed white space devices, and licensed and unlicensed wireless microphones in the 600 MHz Band, guard bands and duplex gap that will exist after the incentive auction.

Comments are due on or before January 5, 2015; reply comments are due on or before January 26, 2015.

Affected equipment manufacturers and other interested clients will want to determine whether there are any
negatives to be addressed, and/or any changes that can be proposed to better use of the spectrum.

FCC Releases Updated Special Access Data Collection FAQs

On November 21, the FCC released another update to the Special Access Data Collection FAQ, available at
http://www.fcc.gov/document/special-access-data-collection-faqs. The FAQs provide answers to non-technical
frequently asked questions regarding the FCC’s Special Access Data Collection.

As a reminder, All entities that were required to file FCC Form 477 to report the provision of "broadband connections to end user locations" for Year 2013 are required to respond to the FCC's special access data collection, due December 15, 2014.

The sections of the data collection that an entity must complete are determined by whether the entity meets the definition of Provider and/or Purchaser of special access services or provides Best Efforts Business Broadband Internet Access Services as defined in the data collection. Even if an entity does not meet either definition, it must still complete a certification to that effect.

Calendar At-a-Glance

December
Dec. 1 – Deadline to Increase Residential Rate Floor to $16.
Dec. 5 – Comments are due on US Telecom Petition for Forbearance from Certain Wireline ILEC Regs.
Dec. 5 – Comments are due on Unauthorized EAS Alert Public Notice.
Dec. 8 – Comments are due on TracFone Petition for Declaratory Ruling on 911 Taxes.
Dec. 11 – Open Meeting.
Dec. 11 – 2014 FCC Form 477 due (Local Competition and Broadband Reporting).
Dec. 15 – Deadline for Special Access Data Collection.
Dec. 15 – Reply comments are due on Part 32 Accounting Rules NPRM.
Dec. 17 – Comments are due on Part 22 Technical Changes.
Dec. 19 – Reply comments are due on Unauthorized EAS Alert Public Notice.
Dec. 22 – Comments due on Broadband Speed, Latency Testing Methodology.
Dec. 22 – Reply comments are due on US Telecom Petition for Forbearance from Certain Wireline ILEC Regs.
Dec. 23 – Reply comments are due on TracFone Petition for Declaratory Ruling on 911 Taxes.

January
Jan. 5 – Comments are due on Unlicensed Use of TV Band and 600 MHz Band Spectrum.
Jan. 15 – Annual Hearing Aid Compatibility Report is due.
Jan. 19 – Reply comments on Part 22 Technical Changes are due.
Jan. 26 – Reply comments are due on Unlicensed Use of TV Band and 600 MHz Band Spectrum.
Jan. 31 – FCC Form 555 (Annual Lifeline ETC Certification Form) is due.

FCC Extends Special Access Data Collection Filing Deadline

On November 26, the FCC issued an Order extending the deadline for responding to special access data collection for some entities. Specifically, for large businesses with more than 1,500 employees that are required to provide data, the deadline has been extended to January 29, 2015. For small businesses with 1,500 or fewer employees that are required to provide data, the deadline has been extended to February 27, 2015. For those required only to certify that they are not required to provide data and information because they are not a covered Provider, Purchaser, or entities providing Best Efforts Business Broadband Internet Access Service, the deadline remains December 15, 2014.

Headlines

FCC Releases Technology Transitions NPRM and Declaratory Ruling

This week the FCC released the NPRM and Declaratory Ruling that it had adopted at its November 21 Open Meeting, in which it seeks comment on proposals to update rules on customer premises equipment (CPE) backup power, copper retirement, and Section 214 discontinuance. At this time, comment and reply comment dates have not yet been established.

With regard to CPE backup, the FCC seeks comment on how to ensure CPE has sufficient functionality in the event of a power outage. Unlike copper networks, which provide sufficient power to operate CPE indefinitely, CPE for VoIP and other IP-based services typically require a backup power source. To this end, the FCC seeks comment on which communications services should fall within the scope of any CPE backup rules, what services should be considered “minimally essential” for purposes of continuity of power, and what steps providers should be required to take to maintain continuity of power for CPE.

With regard to copper retirement, the FCC proposes defining “retirement” of copper to include removing and disabling of copper loops, sub-loops, and the feeder portion of loops. The FCC also seeks comment on how to address allegations that in some cases incumbent LECs are not adequately maintaining their copper facilities that are not yet retired. The FCC indicated that although it does not intend to establish an approval requirement for copper retirement, it does seek comment on improvements to the existing process “to better promote competition and protect consumers.”

Comment is also sought on whether and how the FCC should take action to promote the sale or auction of copper prior to retirement, and on the adoption of best practices that can help address the need for reliable backup power. Rural ILECs and CLECs should consider whether this presents a business opportunity for them, especially if there are customers that may still want the reliability of copper, and/or if copper’s broadband potential can be expanded.

With regard to Section 214 discontinuances, the FCC seeks comment on what would constitute an adequate substitute for a retail service discontinuation, and on better defining the scope of its section 214(a) authority (particularly in the context of wholesale services).

Carriers interested in filing comments in this proceeding should contact the firm for more information.

Wireline Bureau Files Analysis of Proposals to Alter HCLS Calculations

On November 24, the FCC’s Wireline Competition Bureau submitted into the record a staff analysis of historical costs experienced by rate-of-return carriers eligible for High Cost Loop Support (HCLS). According to the Bureau’s summarization, the analysis shows:

• Study areas with study area costs per loop (SACPL) in excess of 150 percent of the national average cost per loop (NACPL) in 2013 (which are reimbursed for 75 percent of their unseparated loop costs in excess of that benchmark) experienced a 36 percent increase in costs over that period.
• Study areas with costs per loop between 115 and 150 percent of the NACPL (which are reimbursed for 65 percent of unseparated loop costs above 115 percent) had only a four percent increase in costs.
• Study areas with loop costs below 115 percent of the NACPL (no HCLS) saw a 14 percent decrease in costs.
• The amount of study areas that received no support because their SACPLs were below the 115 percent benchmark increased by18 percent from 2004 to 2013.

The historical analysis and a detailed description of the Bureau’s methodology can be found at http://www.fcc.gov/wcb/HistoricalAnalysis.zip.

The Bureau also conducted an analysis of the Commission’s recent proposal to modify the manner in which HCLS is calculated as compared with the effects of NTCA’s proposed modification to that proposal:

According to the Bureau, under NTCA’s proposed modification, 11 study areas would lose all HCLS support: Oxford County Telephone (ME), North Penn Telephone Co. (PA), Citizens Telephone Co. (GA), Progressive Rural Telephone Co-op (GA), Citizens Telephone Co. (NC), Service Telephone Co. (NC), West Tennessee Telephone (TN), Carr Telephone Co. (MI), Winn Telephone Co. (MI), Cascade Communications (IA), and Benton Cooperative Telephone Co. (MN). The Bureau’s full analysis can be found at http://www.fcc.gov/wcb/HCLSProposalsPublic.xlsx.

Comment Sought on Robocalls and Call-Blocking Issues Raised by Attorneys General

On November 24, the FCC issued a Public Notice seeking comment on a request for an official FCC opinion on three issues regarding telephone providers’ legal ability to implement call-blocking technology as a means of addressing unwanted telemarketing calls. Comments are due December 24, 2014 and reply comments are due January 8, 2015.

The request comes from the National Association of Attorneys General, a group of 39 Attorneys General from around the United States. Specifically, the Attorneys General request a formal Commission opinion on three categories of questions:

1. What legal and/or regulatory prohibitions, if any, prevent telephone carriers from implementing call-blocking technology? Does the answer change if the telephone companies’ customers affirmatively “opt into” the call-blocking technology (either for a fee or as a free service)?
2. US Telecom claims that telephone carriers “can and do block harassing and annoying telephone traffic at their end-user customer’s request,” but only for a “discrete set of specific phone numbers.” At a customer’s request, can telephone carriers legally block certain types of calls (e.g., telemarketing calls) if technology is able to identify incoming calls as originating or probably originating from a telemarketer?
3. US Telecom describes the FCC’s position as “strict oversight in ensuring the unimpeded delivery of telecommunications traffic.” Is US Telecom’s characterization of the FCC’s position accurate? If so, upon what basis does the FCC claim that telephone carriers may not “block, choke, reduce or restrict telecommunications traffic in any way”?

Although the FCC does not allow carriers to engage in call blocking, the Public Notice suggests it’s willing to consider the possibility. In that regard, the FCC also seeks comment on what call-blocking technologies are available or under development in the United States and internationally, how they work, how those details should inform the Commission’s analysis, and whether differences in how specific technologies work produce different outcomes under the law.

Law & Regulation

FCC Adopts Electronic Filing for Certain Proceedings

On November 26, the FCC adopted revisions to its rules aimed at improving efficiency by requiring electronic filing for three common types of proceedings: (a) applications for authorization of domestic transfers of control under Section 214(a); (b) applications for authorization to discontinue, reduce, or impair a service under Section 214(a); and (c) notices of network changes under Section 251(c)(5).

At present, domestic common carriers cannot electronically file these types of applications and notices with the FCC. Instead, they must be made on paper with the Secretary’s Office, and, where applicable, copies must also be sent with the accompanying application processing fees to the FCC’s lockbox bank in St. Louis, Missouri. As a result, the process is time-consuming and difficult to track. Therefore, the FCC has implemented new module within its Electronic Comment Filing System (ECFS) to accommodate these types of proceedings.

FCC Opens New Docket for Annual Lifeline ETC Certifications

On December 2, the FCC’s Wireline Competition Bureau issued a Public Notice announcing the opening of a new docket for Eligible Telecommunications Carriers (ETCs) to file their annual certifications demonstrating compliance with the Lifeline program rules. This new docket, 14-171, will be used for the annual ETC filing, due on January 31, 2015, and for all filings in subsequent years.

Newport Television to Pay $35,000 Fine for Broadcasting Private Telephone Conversation

On November 28, the FCC’s Enforcement Bureau announced the settlement of an investigation of Newport Television LLC, former licensee of television station KTVX(DT) in Salt Lake City, Utah, involving the station’s recording and broadcast of a consumer’s telephone conversation as part of a news segment without first telling the person that the call was being recorded and would be broadcast.

According to the Public Notice, in August 2012, KTVX(DT) twice broadcast in a news report a recorded telephone conversation with a consumer without prior notification to or the consent of that consumer. Broadcasts of telephone conversations without such notice are prohibited by the FCC’s Telephone Broadcast Rule, as they “threaten the privacy and reputation of consumers whose telephone conversations are broadcast to the public without their knowledge or consent.” In addition, Newport violated the FCC’s requirement to respond fully and promptly to requests for information from the Enforcement Bureau. Under the terms of the settlement, Newport admitted that it violated the Telephone Broadcast Rule and that it failed to timely respond to Enforcement Bureau investigative requests, and will pay a $35,000 civil penalty for these violations.

Industry

Commissioner Pai Asks Netflix to Explain Recent Practices

On December 2, FCC Commissioner Ajit Pai wrote a letter to Netflix CEO Reed Hastings asking why Netflix advocates a free and open internet while at the same time working to secure so-called “fast lane” deals with ISPs.

“Netflix has been one of the principal advocates for subjecting Internet service providers (ISPs) to public utility regulation under Title II of the Communications Act, arguing that this step is necessary to prevent the development of so-called "fast lanes" on the Internet." Pai wrote. For this reason, the Commissioner continued, he “was surprised to learn of allegations that Netflix has been working to effectively secure "fast lanes" for its own content on ISPs' networks at the expense of its competitors.”

Pai also noted his understanding that, “Netflix has at times changed its streaming protocols where open caching is used, which impedes open caching software from correctly identifying and caching Netflix traffic. Because Netflix traffic constitutes such a substantial percentage of streaming video traffic, measures like this threaten the viability of open standards. In other words, if standards collectively agreed upon by much of the industry cannot identify and correctly route Netflix traffic, those standards ultimately are unlikely to be of much benefit to digital video consumers.”

Pai closed his letter by inviting a response from Mr. Hastings by December 16.

FCC Grants Relinquishments of ETC Designations

On November 25, the FCC’s Wireline Competition Bureau issued a spate of Orders approving various requests to relinquish ETC designations. Among the relinquishing entities were AT&T’s affiliates Cingular Wireless and Cricket Communications, who relinquished ETC designations in Virginia; Cricket, who relinquished ETC designations in Tennessee, North Carolina, New York, and the District of Columbia; and T-Mobile, who relinquished ETC designations in Alabama, Connecticut, Delaware, New Hampshire, New York, North Carolina, Tennessee, and the District of Columbia.

New York City Announces Public Wi-Fi Plan Supported by Advertisements

BusinessInsider and other news outlets are reporting on a new plan to bring free, fast public Wi-Fi to all five boroughs of New York. Called LinkNYC, the plan will replace the city’s pay phone system with so-called “Links,” hubs for free Wi-Fi that run at speeds of up to one gigabit and host a variety of services such as phone calls within the U.S., 311, 911, device charging, and tablets with access to directions and city services.

The plan reportedly will not cost taxpayers anything — rather, revenue will come from digital advertisements built into the hubs that are expected to generate more than $500 million in revenue for the city over twelve years.

On November 17, Mayor Bill de Blasio, Chief Technology Officer Minerva Tantoco and Department of Information Technology and Telecommunications Commissioner Anne Roest today announced the selection of CityBridge to develop and operate the LinkNYC network.

More information can be found at the LinkNYC website, http://www.link.nyc/.

Deadlines

FEBRUARY 2: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT. Any wireless or wireline carrier (including paging companies) that have received number blocks—including 100, 1,000, or 10,000 number blocks—from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by February 2 (as February 1 falls on a Sunday this year). Carriers porting numbers for the purpose of transferring an established customer’s service to another service provider must also report, but the carrier receiving numbers through porting does not. Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. Reporting carriers are required to include their FCC Registration Number (FRN). Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the preceding six-month reporting period ending June 30. [emphasis added]

Calendar At-a-Glance

December
Dec. 5 – Comments are due on US Telecom Petition for Forbearance from Certain Wireline ILEC Regs.
Dec. 5 – Comments are due on Unauthorized EAS Alert Public Notice.
Dec. 8 – Comments are due on TracFone Petition for Declaratory Ruling on 911 Taxes.
Dec. 11 – Open Meeting.
Dec. 11 – 2014 FCC Form 477 due (Local Competition and Broadband Reporting).
Dec. 15 – Deadline for Special Access Data Collection Certifications for Entities Not Required to Provide Data
Dec. 15 – Reply comments are due on Part 32 Accounting Rules NPRM.
Dec. 17 – Comments are due on Part 22 Technical Changes.
Dec. 19 – Reply comments are due on Unauthorized EAS Alert Public Notice.
Dec. 22 – Comments due on Broadband Speed, Latency Testing Methodology.
Dec. 22 – Reply comments are due on US Telecom Petition for Forbearance from Certain Wireline ILEC Regs.
Dec. 23 – Reply comments are due on TracFone Petition for Declaratory Ruling on 911 Taxes.
Dec. 24 – Comments are due on Robocall and Call-Blocking Issues.

January
Jan. 5 – Comments are due on Unlicensed Use of TV Band and 600 MHz Band Spectrum.
Jan. 8 – Reply comments are due on Robocall and Call-Blocking Issues.
Jan. 15 – Annual Hearing Aid Compatibility Report is due.
Jan. 19 – Reply comments on Part 22 Technical Changes are due.
Jan. 26 – Reply comments are due on Unlicensed Use of TV Band and 600 MHz Band Spectrum.
Jan. 29 – Deadline for Special Access Data Collection for large businesses with more than 1,500 employees.
Jan. 31 – FCC Form 555 (Annual Lifeline ETC Certification Form) is due.

February
Feb. 2 – FCC Form 499-Q (Quarterly Telecommunications Reporting Worksheet) is due.
Feb. 2 – FCC Form 502 (Number Utilization and Forecast Report) is due.
Feb. 27 – Deadline for Special Access Data Collection for small businesses with less than 1,500 employees.

Old Sex Offender Conviction Leads to Revocation of Amateur Radio License

The Federal Communications Commission has revoked the Amateur Radio (HAM Radio) license held by David Titus — finding that Mr. Titus was no longer qualified to remain a Commission licensee due to prior sex offenses. This case goes back to 2007 when the FCC’s Enforcement Bureau investigated information that Mr. Titus had been convicted of a felony sex offense involving a child in 1993. Following a hearing on the matter, the Administrative Law Judge determined that while Mr. Titus had committed at least four sexual offenses against children when he was either a juvenile or an 18 year old young adult and that the 1993 the felony was “shockingly evil,” Mr. Titus was qualified to be a Commission licensee since there had been no subsequent misconduct and that he had rehabilitated himself. This conclusion was reached even though the State of Washington and the Seattle Police Department revised Mr. Titus’ sex-offender classification from moderate risk to high risk based upon two incidents that had occurred in 2002 and 2004.

Upon review of the Administrative Law Judge’s findings, the Commission concluded that Mr. Titus lacked the necessary character qualifications to hold an FCC radio license. In particular, the Commission concluded that the Administrative Law Judge should have considered the 2002 and 2004 incidents and deferred to the judgment of the State of Washington and the Seattle Police Department in their determination that Mr. Titus now posed a high risk to the community. Further, the Commission stated that HAM radios in the hands of known sex offenders pose a risk to the community at large and justify the revocation of the license.

It is important to note that FCC radio license applications include questions regarding felony convictions. Those clients with felony convictions in the chain of ownership should contact our office so that we can ensure that appropriate disclosures are made to the FCC with each of your licensing applications. While the application will undergo greater scrutiny, our experience is that the FCC has found most of the felony convictions that have been reported are not a bar to the issuance of the license.

Public Safety and Homeland Security Bureau Seeks Comment on the Location Accuracy Roadmap Submitted by APCO, NENA and Nationwide Wireless Carriers

The Public Safety and Homeland Security Bureau is seeking comment on the “Roadmap for Improving E911 Location Accuracy” (the “Roadmap”) filed by the Association of Public-Safety Communications Officials (“APCO”), the National Emergency Number Association (“NENA”) and the four national wireless carriers – AT&T Mobility, Sprint, T-Mobile USA and Verizon. Comments are due December 10, 2014 and Reply Comments are due December 17, 2014.

The Roadmap was filed in response to the Commission’s Third Further Notice of Proposed Rulemaking in which the Commission proposed measures and time-frames to improve location accuracy from wireless devices for 911 calls that originated indoors. The Commission is concerned not only with the horizontal location (e.g., identifying where the caller is on the map or in a building), but also on what floor (i.e., vertical location). In this proceeding, the Commission is encouraging the industry, public safety entities and other stake holders to work together collaboratively in order to develop solutions so that first responders can be directed to the proper dispatched location as rapidly as possible. This is especially critical in multi-story buildings where the caller may not know the floor or have other location information at hand when the 911 call is placed.

In connection with the Roadmap that is under consideration, the parties have indicated to the FCC that it will “commit to meaningful improvements and FCC-enforceable timeframes to deliver effective location solutions.” In this regard, the FCC notes that it had already received some communications that oppose the roadmap and support the proposal in the Third Further Notice. While the FCC already has an extensive record, it is seeking comment on whether the Roadmap presents a reasonable alternative to the proposals in the Third Further Notice. As a result, the FCC is looking for comments that address specific aspects of the Roadmap and whether the element should be incorporated, either in whole or in part. Additionally, the FCC is also seeking comment as to whether the Roadmap should be made applicable to other wireless carriers or whether it should be limited to only AT&T Mobility, Sprint, T-Mobile USA and Verizon Wireless.

LMCC Comments on ACD Telecom Request to be Certified as a Frequency Advisory Committee

On November 20, 2014, the Land Mobile Communications Council (“LMCC”), an organization composed primarily of the various Frequency Advisory Committees (“FACs”), filed comments in connection with the application of ACD Telecom (“ACD”) for certification as an FAC. FACs provide frequency coordination services for the shared Part 90 private radio frequencies.

While the LMCC did not take a position on the merits of the ACD application, it did note that an entity must be “representative” of the applicants and licensees that it serves,” which has previously been interpreted to mean that FACs are “to be overseen by and responsible to licensees for whom frequency coordination services are provided.” The LMCC believes that this would require an FAC to have a representative governance structure that ensures the proper implementation of all FAC-related policies and procedures. As a result, the LMCC stated that it believes that employees of the FAC should not be

making these decisions or appointing the FAC governing body. This is because the LMCC believes that the “certification of any entity that does not have an independent governance structure would undermine the credibility of the [Part 90] frequency coordination process.”

FCC Issues Regulatory Fees Small Entity Compliance Guide

On November 14, 2014, the FCC issued a Small Entity Compliance Guide on the assessment and collection of regulatory fees for Fiscal Year 2014. While the annual regulatory fees were due on September 23, 2014, it is important to remember that this guide will provide information regarding those fees as well as small fees which are payable upfront (as part of application fees) for certain radio services, including many of the Part 90 services as well as the Microwave Services under Part 101 and the Rural Radio/BETRS services under Part 22 of the FCC’s Rules. This guide is similar to the information that we provided to our clients in August/September of this year. Nonetheless, our small business, non-profit and local government clients should review this guide and let us know if you have any questions.

Law Enforcement Concerned Over New Device Encryption

According to an article in the Yahoo! Tech Section, law enforcement officials are upset about the latest versions of Apple’s iOS and Google’s Android mobile operating systems. Specifically, they are concerned that new levels of encryption introduced by these versions (8 for iOS and “Lollipop” for Android) will hinder investigations because there is no master key that the companies can provide to investigators, even if they have a warrant. The companies simply do not have the keys to provide. According to the Wall Street Journal, one Justice Department official said the companies have promised customers “the equivalent of a house that can't be searched, or a car trunk that could never be opened.”

In response to these concerns, Apple has reportedly argued that it’s “no big deal” — the FBI can still access data backed up on its cloud service. But as FBI director James Comey noted in remarks made in October, “uploading to the cloud doesn’t include all of the stored data on a bad guy’s phone, which has the potential to create a black hole for law enforcement. And if the bad guys don’t back up their phones routinely, or if they opt out of uploading to the cloud, the data will only be found on the encrypted devices themselves.”

Wireless Bureau Opens Filing Window for Frequency Coordinator for Medical Body Area Networks — Applications Due January 2, 2015

The FCC has opened a filing window for organizations to seek to be designated as the frequency coordinator for Medical Body Area Network (“MBAN”) operations in the 2360 – 2390 MHz band through January 2, 2015.

The need for frequency coordination in this band is the result of the modification of Part 95 of the FCC’s Rules, authorizing the operation of new MBAN devices in the 2360 – 2400 MHz band. MBAN technology will provide a flexible platform for wireless networking of multiple body transmitters that are used for measuring and recording physiological parameters and other patient information or for performing diagnostic or therapeutic functions in the healthcare setting. It should be noted that MBAN devices will be licensed on a secondary basis and may not cause interference to Aeronautical Mobile Telemetry (AMT) operations.

In order to ensure non-interference, healthcare facilities will be required to register MBAN devices with the designated coordinator. It will be the MBAN coordinator’s responsibility to determine whether a proposed MBAN location in the 2360 – 2400 MHz band will be in the line of sight of an AMT receiver, and if so, the MBAN coordinator will be required to work in cooperation with the AMT frequency coordinator and the affected healthcare facility to eliminate any potential interference. As a result, the MBAN coordinator must be familiar with AMT operations and make its services available to all applicants on a non-discriminatory basis.

In order to qualify as an MBAN coordinator, the applicant will be required to meet the following criteria:

1. Have the ability to register and maintain a database of MBAN transmitter locations and operational parameters;
2. Have knowledge of or experience with medical wireless systems in healthcare facilities (e.g., the Wireless Medical Telemetry Service);
3. Have knowledge of AMT operations;
4. Have the ability to calculate and measure interference between MBAN and AMT operations and to enter into mutually satisfactory coordination agreements with the AMT coordinator based on the requirements of the FCC’s Rules;
5. Have the ability to develop procedures in order to ensure that registered healthcare facilities operate an MBAN consistent with the requirements of Rule Section 95.1223.

Should a frequency coordination applicant intend to rely on a third party consultant or other outside expertise to demonstrate compliance, it will be necessary to identify the consultant and provide their qualifications as part of the application.

In addition to the basic qualifications described above, applicants will also be required to provide the following information in their application:

1. A description of the entity requesting authorization to be an MBAN frequency coordinator;
2. A description of internal controls that will prevent any conflicts of interest;
3. The length of time before the applicant could begin its duties as an MBAN frequency coordinator; and
4. A statement that the applicant will be able to work with one or more MBAN frequency coordinators should the FCC ultimately decide to designate additional MBAN frequency coordinators.

Clients interested in seeking certification as an MBAN frequency coordinator should contact our office. While the FCC has indicated that there could be multiple MBAN frequency coordinators, it is just as important to note that the FCC could ultimately only designate one entity.

Comment Deadlines Set on Rules for Unlicensed Use of TV Band and 600 MHz Band Spectrum

The FCC’s rulemaking proposal for unlicensed operations in spectrum to be made available by the broadcast “repacking” process has now been published in the Federal Register. In this document, the Commission proposes and seeks comments on rules for unlicensed operations in the frequency bands that are now and will continue to be allocated and assigned to broadcast television services after the incentive auction, including fixed and personal/portable white space devices and unlicensed wireless microphones. The Commission also proposes and seeks comment on rules for the operation of unlicensed white space devices, and licensed and unlicensed wireless microphones in the 600 MHz Band, guard bands and duplex gap that will exist after the incentive auction.

Comments are due on or before January 5, 2015; reply comments are due on or before January 26, 2015. Affected equipment manufacturers and other interested clients will want to determine whether there are any negatives to be addressed, and/or any changes that can be proposed to better use of the spectrum.

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Brad Dye, Ron Mercer, Allan Angus, Vic Jackson, and Ira Wiesenfeld are friends and colleagues who work both together and independently, on wireline and wireless communications projects.

Click here for a summary of their qualifications and experience. Each one has unique abilities. We would be happy to help you with a project, and maybe save you some time and money.

Wireless Network Planners
Wireless Specialists

www.wirelessplanners.com
wirelessplannerron@gmail.com

R.H. (Ron) Mercer Consultant 217 First Street East Northport, NY 11731
Cellphone: 631-786-9359

Sprint Half-Price Plans: Deal or No Deal?

By Cherlynn Low
DECEMBER 5, 2014 7:18 AM

Sprint is trying to give AT&T and Verizon customers serious incentive to switch. Starting today (Dec. 5), the number-three carrier is giving switchers from those two providers the chance to halve their monthly fees while keeping the same plans. Sprint will also pay your early termination fees.

This means that if you have a four-line, 15GB monthly plan on AT&T's Mobile Share Value and are on the company's early-upgrade service Next, you'd pay $140. If you take your numbers to Sprint, you'll get the same four-line, 15GB package for $70. If you want to add a line (up to 10) to your group after switching, you can get it at the same half-price rates.

That sounds like quite the deal, but the offer comes with several strings attached. You'll need to turn in your Verizon or AT&T handsets to qualify for the deal, and buy a new device on Sprint's installment/lease programs. If you don't hand over your old phone within 30 days of activating your new device, Sprint will charge you $200 per device.

Say you got the iPhone 6 on AT&T Next with a 3GB Mobile Share plan ($65 a month) and paid off two of your 24 monthly payments of $27.09. Sprint will shave the wireless fee to $32.50, but you'd have to turn in your iPhone, and buy another one on Sprint (24 monthly payments of $27 on Easy Pay). Over two years, you'd save $780 ($32.50 x 12), and $725.82 after factoring in the $54.18 you'd already paid for your iPhone in this example.

In general, the amount you eventually save by switching depends on how much you'd already paid for your old handset or whether you choose to hang on to it. Whatever you decide, you could save at least $500 over two years.

Cost isn't the only thing you should consider, though. Sprint's 4G LTE network covers some 540 cities in the nation, but its performance has been lackluster. In our 4G speed tests of the Big Four carrier in New York City, Los Angeles, San Francisco and Chicago, the network came in last place in the first three. Sprint's enhanced Spark LTE helped the provider finish in second place in Chicago But Spark is available in only 46 cities (as of Sep. 17 2014).

For those looking for a good way to cut down their monthly expenditure, Sprint's half-price plans are a good option if speedy data performance doesn't bother you. But if you want reliable network speeds, you're better off sticking with AT&T or Verizon.

Lighter, cheaper radio wave device could transform telecommunications

Nov 10, 2014

Researchers at the Cockrell School of Engineering at The University of Texas at Austin have achieved a milestone in modern wireless and cellular telecommunications, creating a radically smaller, more efficient radio wave circulator that could be used in cellphones and other wireless devices, as reported in the latest issue of Nature Physics.

The new circulator has the potential to double the useful bandwidth in wireless communications by enabling full-duplex functionality, meaning devices can transmit and receive signals on the same frequency band at the same time.
The key innovation is the creation of a magnetic-free radio wave circulator.

Since the advent of wireless technology 60 years ago, magnetic-based circulators have been in principle able to provide two-way communications on the same frequency channel, but they are not widely adopted because of the large size, weight and cost associated with using magnets and magnetic materials.

Freed from a reliance on magnetic effects, the new circulator has a much smaller footprint while also using less expensive and more common materials. These cost and size efficiencies could lead to the integration of circulators within cellphones and other microelectronic systems, resulting in substantially faster downloads, fewer dropped calls and significantly clearer communications.

The team of researchers, led by Associate Professor Andrea Alu, has developed a prototype circulator that is 2 centimeters in size—more than 75 times smaller than the wavelength of operation. The circulator may be further scaled down to as small as a few microns, according to the researchers. The design is based on materials widely used in integrated circuits such as gold, copper and silicon, making it easier to integrate in the circuit boards of modern communication devices.

"We are changing the paradigm with which isolation and two-way transmission on the same frequency channel can be achieved. We have built a circulator that does not need magnets or magnetic materials," Alu said.

The researchers' device works by mimicking the way magnetic materials break the symmetry in wave transmission between two points in space, a critical function that allows magnetic circulators to selectively route radio waves. With the new circulator, the researchers accomplish the same effect, but they replace the magnetic bias with a traveling wave spinning around the device.

Another unique feature is that the new circulator can be tuned in real time over a broad range of frequencies, a major advantage over conventional circulators.

"With this technology, we can incorporate tunable nonreciprocal components in mobile platforms," said Nicholas Estep, lead researcher and a doctoral student in the Department of Electrical and Computer Engineering. "In doing so, we may pave the way to simultaneous two-way communication in the same frequency band, which can free up chunks of bandwidth for more effective use."

For telecommunications companies, which pay for licenses to use frequencies allotted by the U.S. Federal Communications Commission, a more efficient use of the limited available bandwidth means significant cost advantages.

Additionally, because the design of the circulator is scalable and capable of circuit integration, it can potentially be placed in wireless devices.

"We envision micron-sized circulators embedded in cellphone technology. When you consider cellphone traffic during high demand events such as a football game or a concert, there are enormous implications opened by our technology, including fewer dropped calls and clearer communications," Estep said.

The circulator also could benefit other industries that currently use magnetic-based circulators. For instance, circulators used in phased arrays and radar systems for aircraft, ships and satellites can be extremely heavy and large, so minimizing the size of these systems could provide significant savings.

"We are also bringing this paradigm to other areas of science and technology," Alu said. "Our research team is working on using this concept to protect lasers and to create integrated nano-photonic circuits that route light signals instead of radio waves in preferred directions."

More information: Magnetic-free non-reciprocity and isolation based on parametrically modulated coupled-resonator loops, Nature Physics, DOI: 10.1038/nphys3134

The Right Thing

“Have the courage to say no. Have the courage to face the truth. Do the right thing because it is right. These are the magic keys to living your life with integrity.”

—W. Clement Stone

“With integrity, you have nothing to fear, since you have nothing to hide. With integrity, you will do the right thing, so you will have no guilt.”

—Zig Ziglar

“Character is doing the right thing when nobody's looking. There are too many people who think that the only thing that's right is to get by, and the only thing that's wrong is to get caught.”

— J. C. Watts

“Remember not only to say the right thing in the right place, but far more difficult still, to leave unsaid the wrong thing at the tempting moment.”

—Benjamin Franklin

“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”

—Martin Luther King, Jr.

Surprise within a Cloud

• Name: IRAS 16562-3959 • Type: Milky Way • Appearance: Dark Molecular Cloud • X - Nebulae • Constellation: Scorpius • Release date: 1 December 2014

This image shows a region of the Milky Way that lies within the constellation of Scorpius, close to the central plane of the galaxy. The region hosts a dense cloud of dust and gas associated with the molecular cloud IRAS 16562-3959, clearly visible as an orange smudge among the rich pool of stars at the centre of the image.

Clouds like these are breeding grounds for new stars. In the centre of this cloud the bright object known as G345.4938+01.4677 can just be seen beyond the veil of gas and dust. This is a very young star in the process of forming as the cloud collapses under gravity.

The young star is very bright and heavy — roughly 15 times more massive than the Sun — and featured in a recent Atacama Large Millimeter/submillimeter Array (ALMA) result. The team of astronomers made surprising discoveries within G345.4938+01.4677 — there is a large disc of gas and dust around the forming star as well as a stream of material flowing out from it.

Theories predict that neither such a stream, nor the disc itself, are likely to exist around stars like G345.4938+01.4677 because the strong radiation from such massive new stars is thought to push material away.

This image was made using the Visible and Infrared Survey Telescope for Astronomy (VISTA), which is part of ESO’s Paranal Observatory in the Atacama Desert of Chile. It is the world’s largest survey telescope, with a main mirror that measures over four metres across. The colour image was produced by the VVV survey, which is one of six large public surveys that are devoted to mapping the southern sky.

The bright star in the bottom left of the image is known as HD 153220.

Credit: ESO/VVV Team/A. Guzmán